Q: I have a class 6 undesignated felony i have not paid probation fees from almost 10 years ago. Should I petition or pay
I was aon probation at 19, it lasted 18 months. I'm 30 now and was told when done with probation I could petition to have my felony dropped to misdemeanor but my probation fees have gone to collections now. Do I pay or can I petition without paying. I should add I did not just choose to not pay but I cannot afford it.
A:
The answer is, it depends on what is in the plea agreement. Is there language in the plea agreement that requires the fulfillment of all of the conditions of the sentence (this is known as "earned misdemeanor language") or is the plea agreement silent to this effect? The statute for Arizona Class 6 Undesignated felonies is ARS 13-604 if that helps you at all. What is in the plea is really important though.
If you cannot determine what is in the plea and need help filing the petition to have the felony designated a misdemeanor, please feel free to reach out. Best of luck!
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